Medical Examiner Details Injuries To Fulton Toddler, Rules Homicide

FULTON, NY – A week ago today, a 15-month-old Fulton boy was reportedly “laughing and playing and healthy and fine” while he was at his babysitter’s home.

The sitter told Fulton police lieutenant Jeffrey Kinney that “there was nothing wrong” with the toddler when Jay J. Barboni picked him up at approximately 4:30 p.m., according to Kinney’s deposition that was filed with Fulton City Court.

Just more than three hours later, the child was dead.

Barboni, 30, of Falcon Drive in Liverpool, was arrested Thursday after an extensive investigation into the death of the toddler, which took place at the toddler’s home at Gilbert’s Grove Apartments, 1100 Emery St., Apt. 123 in Fulton. Barboni pleaded not guilty to two counts of second-degree murder in court that same evening.

Documents filed with the court by Kinney and Onondaga County Chief Medical Examiner Mary Jumbelic detail statements taken during the investigation and the findings of an autopsy that was performed. (See documents below.)

In an interview with Kinney shortly at approximately 9 p.m., Aug. 18, Barboni told the officer that the toddler did not have any marks on his body when he brought him home from the babysitter’s home.

“Jay Barboni said that he took off (the child’s) overalls and did not see any marks or injuries,” Kinney said. “Jay Barboni also said that he had (the child) in his arms and (the child) had not fallen.”

Barboni told Kinney that he put the child to bed in his crib and that no one else had been in the apartment before the child’s mother returned home after Barboni called her to say that he could not tell if the child was breathing. She returned home at approximately 8 p.m.

Jumbelic reported, however, that the child had multiple injuries when she conducted an autopsy. She ruled his death a homicide.

“The extensive injuries, including abrasions and contusions, predominantly of the head are due to inflicted blunt trauma,” Jumbelic wrote. “Severe head trauma with a depressed fracture on the right side of the head, massive scalp hemorrhage, and damage to the brain, was produced by a minimum of five impacts to the head.”

As part of her investigation, Jumbelic reviewed medical reports from 18 separate well child care visits from Oswego County Opportunities, Inc. dating between May 7, 2007 and Aug. 5, 2008. Several medical reports from Lee Memorial, Oswego Hospital and Crouse/SUNY Upstate Medical University Hospital were also reviewed during her investigation.

Jumbelic reported that the fatal injuries occurred after the child was noted to appear normal by a number of independent observers at 4:30 p.m., Aug. 18.

“None of the injuries resulting in death was due to accidental trauma,” she said.

Fulton City Court Judge Spencer Ludington remanded Barboni to the Oswego County Correctional Facility without bail Thursday. A preliminary hearing in the case is scheduled for 11 a.m., Tuesday.

(Editor’s note: Documents have been redacted by the court to remove identifying information about the victim.)